THE CHILDREN

We currently have several boys and girls, age 2-6 available for adoption. Please contact us for more information about these children. We will update this information as we learn more about infant adoption.

ELIGIBILITY TO ADOPT

All prospective families must complete an application and Adoption agreement, submit any required fees, have their home study approved by a licensed Social Worker, and receive approval from the U.S. Citizenship and Immigration Services (USCIS) before becoming fully eligible to adopt.

In accordance with the U.S. Citizenship and Immigration Services guidelines and Orphans Adoption mission and by-laws, married couples and single individuals greater than 25 years of age will be considered.

We are currently in the process of learning specific Kenyan adoption law and how it affects family eligibility to adopt. We will update this site as we learn more.

ADOPTION PROCESS

We will update this information as we become for familiar with the process. Much of the adoption process will remain the same. Adoptive families will still be required to complete the Orphans Adoptions application and adoption agreement, apply to USCIS, complete the adoption screening materials, receive USCIS approval, and complete a Kenyan specific dossier. We will be working to learn the documents required in the dossier and the referral process and will post this information shortly.

PROGRAM COST

Because this is a new program some of these fees have been estimated.
$8,250*: This fee includes a $250 application fee, $4,000 agency fee, and $4,000 foreign fee.



Note: The total includes fees paid directly to Orphans Adoptions. USCIS application, document authentication and translation, vital record documents, passports and visa fees, and travel expenses incurred to, from, and in-country have not been included. Please contact Orphans Adoption if you would like an estimate of these fees.

A Kenyan child adopted by an American citizen must obtain an immigrant visa before he or she can enter the U.S. as a lawful permanent resident. There are two distinct categories of immigrant visas available to children adopted by American citizens.

A Previously Adopted Child. Section 101(b)(1)(E) of the U.S. Immigration and Nationality Act defines an "adopted child" as one who was adopted under the age of 16 and who has already resided with, and in the legal custody of, the adoptive parent for at least two years. Parents who can demonstrate that their adopted child meets this requirement may file an I-130 petition with the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) having jurisdiction over their place of residence in the United States. Upon approval of the I-130 petition, the parents may apply for an immigrant visa for the child at the U.S. Embassy in Nairobi. American citizens who believe this category may apply to their adopted child should contact the U.S. Embassy in Nairobi for more information.

An Orphan. If an adopted child has not resided with the adoptive parent for two years (or if the child has not yet even been adopted) the child must qualify under section 101(b)(1)(F) of the U.S. Immigration and Nationality Act in order to apply for an immigrant visa. The main requirements of this section are as follows:

The adoptive or prospective adoptive parent must be an American citizen;
The child must be under the age of 16 at the time an I-600 Petition is filed with the BCIS on his or her behalf;
If the adoptive or prospective adoptive parent is married, his or her spouse must also be a party to the adoption;
If the adoptive or prospective adoptive parent is single, he or she must be at least 25 years of age;
The child must be an orphan, as defined by U.S. regulations. Although the definition of an orphan found in many dictionaries is "A child whose parents are dead," U.S. immigration law and regulations provide for a somewhat broader definition. Children who do not qualify under this definition, however, may not immigrate to the U.S. as an orphan even if legally adopted by an American Citizen. The Department of State encourages Americans to consider if a particular child is an orphan according to U.S. immigration law and regulations before proceeding with an adoption. A detailed description of the orphan definition used by BCIS can be found on BCIS's web site at http://www.uscis.gov.

U.S. IMMIGRATION PROCEDURES FOR ORPHANS

The Petition

Adoptive and prospective adoptive parents must obtain approval of a Petition to Classify Orphan as an Immediate Relative (Form I-600) from the U.S. Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) before they can apply for an immigrant visa on behalf of an orphan. The adjudication of such petitions can be very time-consuming and parents are encouraged to begin the process well in advance.

A prospective adoptive parent may file Form I-600A Application for Advance Processing of Orphan Petition with the Bureau of Citizenship and Immigration Services in the Department of Homeland Security (BCIS) office having jurisdiction over their place of residence. This form allows the most time-consuming part of the process to be completed in advance, even before the parent has located a child to adopt. In addition, a parent who has an approved I-600A may file an I-600 in person at the U.S. Embassy in Nairobi.

Detailed information about filing these forms can be found on BCIS's web site at http://www.uscis.gov. Americans who have adopted or hope to adopt a child from Kenya should request, at the time they file these forms, that BCIS notify the U.S. Embassy in Nairobi as soon as the form is approved. Upon receipt of such notification, the Embassy will contact the parents and provide additional instructions on the immigration process. U.S. consular officers may not begin processing an orphan adoption case until they have received formal notification of approval from an BCIS office in the US.

The Orphan Investigation

One part of the petition process that BCIS cannot complete in advance is the "orphan investigation". An orphan investigation Form I-604 Report on Overseas Orphan Investigation) is required in all orphan adoption cases - even if an I-600 has already been approved - and serves to verify that the child is an orphan as defined by US immigration law. This investigation is performed by a consular officer at the time of the child's immigrant visa interview.

KENYAN EMBASSY IN THE UNITED STATES:
Embassy of Kenya
2249 R Street, NW
Washington, DC 20008
(202) 387-6101

Kenya also has Consulates General in New York, New York and in Los Angeles, California.

U.S. EMBASSY IN KENYA:

Mailing Address
U.S. Embassy
P.O. Box 30137
Nairobi, Kenya

Street Address
U.S. Embassy
Unit 64100
APO, AE 09831-4100
Tel: (254)(2) 537-800
Fax: (254)(2) 537-810

FEES: Kenyan law prohibits financial transactions between individuals involved in an adoption proceeding. Some payments are permitted, for example to an adoption society for maintenance of the child, or to an attorney who acts for any of the parties or in connection with an application for an adoption order. Any payment or reward made by adoptive parent or guardian of a child, or a third party facilitating the adoption for the purpose of making an adoption order, is considered illegal.

ADDITIONAL INFORMATION: Prospective adoptive parents are strongly encouraged to consult BCIS publication M-249, The Immigration of Adopted and Prospective Adoptive Children, as well as the Department of State publication, International Adoptions.

QUESTIONS: Specific questions regarding adoption in Kenya may be addressed to the Consular Section of the U.S. Embassy in Nairobi, Kenya. You may also contact the Office of Children's Issues, SA-29, 2201 C Street, NW, U.S. Department of State, Washington, DC 20520-2818, Tel: 1-888-407-4747 with specific questions.

Information is also available 24 hours a day from several sources:

Telephone - Office of Children's Issues - Recorded information regarding changes in adoption procedures and general information, 1-888-407-4747.- State Department Visa Office - Recorded information concerning immigrant visas for adoptive children, (202) 663-1225.- Bureau of Citizenship and Immigration Services in the Department of Homeland Security - Recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).

Internet - The Consular Affairs web site, at: http://travel.state.gov contains international adoption information flyers and the International Adoptions brochure.

BCIS web site - http://www.uscis.gov

Other information:
Consular Information Sheets - published by the State Department and available for every country in the world, providing information such as the location of the U.S. Embassy, health conditions, political situations, and crime reports.

July 2001

US GOVERNMENT

• Immigration & Naturalization
• Social Security Administration
• Internal Revenue Service

US STATE DEPARTMENT INFO

• International Adoption Safeguards
• Vaccination Requirements for Adopted Child
• Guidelines of International Adoption
• Numbers of Orphan Visas Issued
• Authentications Office
• US Dept of State Visa Info
• Vital Records Information United States